Smith's Criminal Case Compendium
Table of Contents
State v. Joe, 365 N.C. 538 (Apr. 13, 2012)
Disagreeing with the court of appeals’ holding in State v. Joe, 213 N.C. App. 148 (2011), that the prosecutor’s statements amounted to a dismissal in open court, the court also held that the trial court had no authority to enter an order dismissing the case on its own motion. The defendant was charged with resisting a public officer, felony possession of cocaine with intent to sell or deliver, and attaining habitual felon status. The defendant filed a motion to dismiss the resisting charge and a motion to suppress all evidence seized during the search incident to arrest. The trial court granted both motions. The State then announced that it “would be unable to proceed with the case in chief” on the remaining charges and the other charges were dismissed. The State appealed and the court of appeals affirmed, reasoning that the prosecutor’s statements constituted a dismissal in open court under G.S. 15A-931. The court disagreed with this conclusion and further held that the trial court had no authority to enter an order dismissing the case on its own motion. It remanded to the court of appeals for consideration of the State’s argument regarding the motion to suppress.